Home COMMERCIAL WHARF EAST CONDOMINIUM ASSOCIATION v. YOVETTE MUMFORD individually and as a Member of MGM Commercial Wharf LLC, MGM COMMERCIAL WHARF LLC, BOSTON YACHT HAVEN MARINA LLC, GARRON MARKEY individually and as Manager of MGM Commercial Wharf LLC, BOSTON BOAT BASIN LLC, and CHARLES LAGASSE individually and as Manager of Boston Boat Basin LLC.

MISC 06-325907

December 19, 2016

Suffolk, ss.



For the reasons set forth in the court's Decision of this date, applicable to the entirety of Lot 1 on Commercial Wharf in Boston, including the interior and exterior of the Inn building, the parking and other areas around that building, the Marina boat slips, and the boats moored at those slips and on its watersheet, it is ORDERED, ADJUDGED and DECREED:

* The Inn building may not have more than ten guest rooms.

* The kitchen area in the Inn building may only be used to prepare and provide food to (a) registered guests of the guest rooms, [Note 1] (b) boating customers, (c) the guests of those boating customers, and (d) for catering off-site events.

* No food may be prepared in the guest rooms.

* No one may consume food in the guest rooms unless they are the registered guests of those rooms.

* A liquor license, a common victualler's license, or an entertainment license may not be sought or exercised for any part of Lot 1.

* No tables may be installed, placed, or used on Lot 1's pier for consumption of food or beverages. Since the outdoor-style, light metal tables and chairs presently at the Inn & Marina [Note 2] (as opposed its indoor-style, heavy wooden couches, chairs and tables currently in the Captain's Lounge) are being routinely carried outside for the consumption of food and drink in clear and admitted violation of this restriction, Boston Boat is ORDERED immediately to remove them from Lot 1 and not replace them with anything similar or similarly easy to move.

* Lot 1 and any building, structure or boat on that Lot shall not be used for the following:

o as a function hall, [Note 3] or

o for social events, such as, but not limited to, weddings, bar mitzvahs, school dances [or] holiday parties, [Note 4] with only this exception: up to four (4) special events per year open to privately invited guests or narrowly targeted audiences only may be conducted in the first floor and common areas of the Inn building or on boats mooring at the Marina. However, such events can occur only after notice to and approval of the Condominium Association (which approval shall not be unreasonably withheld or delayed) and which notice shall be delivered to the Condominium Association at least thirty (30) days prior to any such event. The Condominium is required to give notice of its approval or disapproval no later than ten days after it receives notice of the proposed event. Attendance at these "special events" may not exceed the occupancy limits of the first floor and common areas. For each of these four "special events," the owner of Lot 1 is to provide appropriate traffic control and security on Lot 1 at its own expense as necessary.

If a boat owner wishes to hold a social event on his or her boat and has not received permission to do so from the Condominium (either as one of the four "special events" per year or otherwise), he or she must embark and disembark the off-site guests from a public dock elsewhere and then hold the event itself on the water away from Lot 1's watersheet.

* No gambling or gaming is permitted anywhere on Lot 1 except for private, social games with no more than six participants.

* There can be no more than six parking spaces on Lot 1.

* Lot 1's owners, the occupants of its guest rooms, its boat owners, the guests of those boat owners, and Lot 1's rubbish removers and repair persons have the right to pass and repass at no cost over the Condominium land to get to Lot 1. However, such access is subject to the following limitations:

o A daily list of guest room occupants must be provided to the guard at the Condominium's parking booth.

o There can be no more than one commercial pick-up and delivery, four catering vehicles, and whatever Federal Express, United Parcel Service, United States Post Office or similar delivery vehicles are engaged in making deliveries, on Lot 1 at any one time. Note, however, that the total number of these vehicles parked on Lot 1 cannot exceed six at any given time due to the parking space restriction noted above.

o There can be no more than six customer drop-offs or pick-ups on Lot 1 at any one time and none of those drop-off or pick-up vehicles can remain on the Lot for more than thirty minutes.

o No deliveries can be made before 8:00 a.m. on weekdays or before 9:00 a.m. on weekends and holidays and, except in emergencies, no commercial deliveries can be made on Sundays.

* Access to Lot 1 through the Condominium's driveway and parking lot and the use of parking spaces on Condominium property by those associated with the Inn & Marina must comply with the Condominium's rules and regulations regarding parking and traffic flow on the Condominium land. However, the fees, charges and obligations so imposed may not be greater than the fees, charges and obligations imposed on other commercial entities with access to or over Condominium land.

* All loading and unloading of routine commercial deliveries to Lot 1 shall occur on Lot 1 and not on the Condominium land.

* Up to four of the vehicles that are allowed to be parked on Lot 1 "may be vans, minivans, station wagons, SUV's or automobiles used in connection with Lot 1's catering operation. Heavy construction vehicles are prohibited except as needed for repairs, reconstruction or renovation on Lot 1.

* Neither Lot 1 nor any building or structure on the Lot may be used in any way, such as servicing, embarking, or disembarking, loading or unloading, for any of the following uses: (i) party/cruise/charter/excursion boats with a maximum capacity of thirty-five (35) people or more (such boats being boats that offer access to a vessel, food, alcoholic beverages (including beer and wine), and service for a daily fee); (ii) boats with licenses to sell any alcoholic beverages, including beer and wine; (iii) boats that permit or provide gambling or gaming activities except for private, social games with no more than six participants; or (iv) ferries or any other boats or vessels providing transportation to the public (other than unscheduled water taxis carrying not more than four passengers); provided, however, that this shall not prohibit the storage of such boats so long as they are not being used, operated or moored on Lot 1 for any of these prohibited uses.

All other claims of the parties are DISMISSED, WITH PREJUDICE.



[Note 1] This includes "room service."

[Note 2] These were described at the trial as round, black-metal tables, with four chairs apiece, usually kept in the front hallway and Captain's Lounge areas of the Inn building.

[Note 3] For purposes of this Judgment, "function" means a large or formal social event or ceremony, and any type of commercial event even if connected to a boat moored at the Marina or that boat owner's business. The "function hall" prohibition thus includes, but is not limited to, the prohibition of any showing, display, or demonstration of any commercial goods or services, and of any business promotional event. It does not prohibit a "one on one"- type demonstration on the boat itself for a particular customer or potential customer.

[Note 4] For purposes of this Judgment, "social event" means any pre-arranged or pre-organized gathering anywhere on Lot 1 (Wharf area, Inn building, boat slips, watersheet, and boats moored at the boat slips or on the watersheet), including, but not limited to, a wine tasting, lunch, dinner, barbeque, party, or celebration, that involves more than a small group of privately invited people. It does not include the informal gatherings of boat crews in the Captain's Lounge to "unwind" and "relax," or the breakfast coffee and muffins routinely provided in the Lounge. Generally speaking, if a flyer or other notice is posted; if verbal, written, emailed. Facebook, or other types of social-media invitations are sent to more than a small, targeted group of people, and especially if caterers and servers are involved, it's a social event.